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042 

THE 

OLD SOUTH ASSOCIATION 

IN BOSTON 

LIST OF 
OFFICERS, MEMBERS, COMMITTEES 

CHARTER, RESOLVE, BY-LAWS 

RULES OF MANAGERS, AND 

OTHER DOCUMENTS 



BOSTON 

PRINTED FOR THE USE OF 

THE CORPORATION 

1912 



THE 

OLD SOUTH ASSOCIATION 

IN BOSTON 

LIST OF 
OFFICERS, MEMBERS, COMMITTEES 

CHARTER, RESOLVE, BY-LAWS 

RULES OF MANAGERS, AND 

OTHER DOCUMENTS 



BOSTON 

PRINTED FOR THE USE OF 

THE CORPORATION 

1912 









ADDISON C. GETCHELL & SON 
PRINTERS 






OFFICERS OF THE CORPORATION 

PRESIDENT. 

CHARLES W. ELIOT. 

SECRETARY. 

GEORGE A. GODDARD, 
10 Tremont Street, Boston. 

TREASURER. 

RICHARD W. HALE, 

60 State Street, Boston. 

(All elected by the Board of Managers 
as required by the charter.) 



THE BOARD OF MANAGERS 

The first eight ex officio under the charter. 
The number of the remainder — fixed and then elected by 
the corporation — seventeen. 

The Governor of the Commonwealth. 

The Mayor of the City of Boston. 

The President of Harvard College. 

The President of the Massachusetts Historical Society. 

The President of the American Antiquarian Society. 

The President of the New England Historic-Genealogical 

Society. 
Two Members of the City Council of the City of Boston 

designated by it. 
Samuel A. Green. 
George G. Crocker. 
George A. Goddard. 
Miss Elisabeth P. Sohier. 
Mrs. James M. Codman. 
Augustus Hemenway. 
Louis Adams Frothingham. 
Richard W. Hale. 
Charles William Eliot. 
Miss Sarah H. Crocker. 
Mrs. Roger Wolcott. 
Horatio A. Lamb. 
Rev. George A. Gordon. 
Miss Lucy Lowell. 
Barrett Wendell, Jr. 
Miss Katharine P. Loring. 
Elias B. Bishop. 



THE EXECUTIVE COMMITTEE 

(SEE RULE II. P. 14) 

Samuel A. Green, 

Chairman. 
Miss Elisabeth P. Sohier, 

Secretary, 79 Beacou Street. 
Mrs. James M. Codman. 
Augustus Hemenway. 
Louis A. Frothingham. 
Miss Sarah H. Crocker. 
Mrs. Roger Wolcott. 
Horatio A. Lamb. 
Miss Lucy Lowell. 
Barrett Wendell, Jr. 
George G. Crocker. 
Mrs. Nathaniel P. Lovering. 
Miss Katharine P. Loring. 
The President, ex officio. 
The Treasurer, ex officio. 



(Number fixed by the managers February 13, 1909, at 17.) 
(Quorum fixed by the managers December 6, 1910, at 6.) 



THE COMMITTEE ON THE PROPERTY 
AND TREASURY 

(SEE RULE III, P. 15) 

George G. Crocker, Chairman. 

(A vacancy.) 

The President, 
The Secretary, and 
The Treasurer, 

ex officio. 



THE COMMITTEE ON 
THE SUBWAY TAKING 

AND CONSEQUENT LITIGATION 

Charles W. Eliot. 
George A. Goddard. 
Richard W. Hale, 



LIST OF MEMBERS OF THE CORPORATION 

Managers ex officio. 

The Governor of the Commonwealth, 
His Excellency the Governor. 

The Mayor of the City of Boston, 
His Honor the Mayor. 

The President of Harvard College, Cambridge, Mass. 

The President of the Massachusetts Historical Society, 
1154: Boylston Street. 

The President of the American Antiquarian Society, 

Worcester, Mass. 

The President of New England Historic-Genealogical 
Society, 18 Somerset Street. 

Two persons chosen annually by the City Council of the 

City of Boston. 

(In 1912) John J. Attridge. Walter L. Collins. 

Members in the Order of Their Election. 

Hon. Samuel A. Green,* 1154 Boylston Street. 

Hon. John D. Long,* 323 Tremont Bldg. 

George A. Goddard, Secretary, 10 Tremont Street. 

Mrs. Nathaniel P. Lovering, The Ludlow. 

Miss Sarah H. Crocker, 319 Commonwealth Avenue. 

Miss Elisabeth P. Sohier, 79 Beacon Street. 

Charles P. Bowditch, 28 State Street. 

Hon. George G. Crocker, 1023 Old South Bldg. 

Prof. Albert Bushnell Hart, Harvard College, Cambridge. 

Prof. Edward Channing, Harvard College, Cambridge. 

Hon. Josiah Quincy, 15 State Street. 

* [Charter members.] 



William D. Sohier, 
Mrs. James M. Codman, 
Augustus Hemenway, 
Hon. Henry Parkman, 
Mrs. Roger Wolcott, 
Mrs. G. Howland Shaw, 
Charles Francis Adams, 2d, 
Richard W. Hale, Treasurer, 



79 Beacon Street. 

Brooldiue, Mass. 

10 Tremont Street. 

53 State Street. 

1Y3 Coramonwealth Avenue. 

23 Commonwealth Avenue. 

84 State Street. 

60 State Street. 



Herbert Putnam, Congressional Library, Washington, D.C. 
Hon. O. W. Holmes, U.S. Supreme Court, Washington, D.C. 
Miss Georgina L. Putnam, 68 Beacon Street. 

Roger Wolcott, 60 State Street. 

Joseph Warren, University Hall, Cambridge, Mass. 



Miss Lucy Lowell, 

Elliot C. Lee, 

George Wigglesworth, 

Arthur Dehon Hill, 

Robert Homans, 

Hon. Louis Adams Frothingham, 

John G. Palfrey, 

Rev. Dr. George A. Gordon, 

Rev. Paul Revere Frothingham, 

Barrett Wendell, Jr., 

Guy Lowell, 

Harold J. Coolidge, 

Henry G. Pickering, 

William Ralph Emerson, 

Miss Katharine P. Loring, 

George Royal Pulsifer, 

Miss Mary Lee Ware, 

Pres. a. Lawrence Lowell, 

Horatio A. Lamb, 
Frederic A. Eustis, 



The Ludlow. 

40 State Street. 

Room 1004, 53 State Street. 

Room 1035, 53 State Street. 

Room 1035, 53 State Street. 

910 Barristers Hall. 

84 State Street. 

646 Boylston Street. 

294 Beacon Street. 

44 State Street, 

1128 Tremont Bldg. 

40 State Street. 

10 Tremont Street. 

120 Tremont Street. 

Prides Crossing, Mass. 

412 Barristers Hall. 

41 Brimmer Street. 

Harvard College, 

[Cambridge, Mass. 

27 Kilby Street. 

Room 509, 131 State Street. 



Hon. Curtis Guild, 124 Marlborough Street. 

Dr. Charles William Eliot, President, * Cambridge, Mass. 
Prof. George Lyman Kittredge, Harvard College, 

[Cambridge, Mass. 
717 Barristers Hall. 
33 Fairfield Street. 
358 Marlborough Street. 
Room 1000, 50 Congress Street. 
Room 523, 53 State Street. 
54 Devonshire Street. 
750 Tremont Bldg. 
158 Crest Avenue, Beachmont, Mass. 
29A Beacon Street. 
50 Congress Street. 



Grafton D. Gushing, 
Mrs. Henry H. Sprague, 
Mrs. Barrett Wendell, 
Hon. Louis M. Clark, 
David A. Ellis, 
Elias B. Bishop, 
Joseph T. Bishop, 
John S. C. Andrew, 
Edwin D. Mead, 
George G. Wolkins 



*[Was a charter member ex officio as President of Harvard College; elected on 
his resignation from that office.] 



CHARTER 

ACTS OF 1877, CHAPTER 222 



Chap. 222 



An Act to incorporate the Old South Association in Boston, and to 
provide for the Preservation of the Old South Meeting-House. 

Be it enacted^ etc.^ as follows: 

Corporators. SECTION 1. The govemor of the Commonwealth, the mayor 

of the city of Boston, the president of Harvard College, the 
president of the Massachusetts Historical Society, the president 
of the American Antiquarian Society, and the president of the 
New England Historic-Genealogical Society, ex officiis, and 
William Gaston, John Lowell, Samuel E. Sewall, Edmund 
Quincy, Samuel A. Green, Henry Lee, Martin Brimmer and 
John D. Long, and their associates and successors, are hereby 

Name and madc a body corporate by the name of the Old South Associa- 
tion in Boston, for the purpose of acquiring and holding the 
Old South Meeting-House in Boston and the land under and 
adjacent to the same upon the corner of Milk Street and Wash- 
ington Street in said city, for public, historical, memorial, edu- 
cational, charitable and religious uses and none other, with 
all the powers and privileges, and subject to all the duties, lia- 
bilities and restrictions set forth in chapter sixty-eight of the 

Powers and Gcucral Statutfts aud acts in addition thereto. Said corpora- 
duties. ^ 

tion shall have the power to take and appropriate to the uses 
of said corporation, said meeting-house and land or any inter- 
est therein: provided, that in case it shall exercise said power, 
it shall within sixty days from the time of said taking and 
To file in regis- approprlatiou, file in the registry of deeds for the county of 
description of Suffolk a dcscriptlon of the premises so taken as certain as is 
the land taken, rgq^jj-ed in a common deed of conveyance of land; and any 
party aggrieved thereby shall have the right to apply for a jury 
to assess the damages sustained by him, in the manner and 



8 



with the effect provided in the seveuty-ninth section of chap- 
ter forty-three of the General Statutes, and upon the payment 
of all damages so assessed to the parties entitled thereto, or 
upon the failure to apply for a jury during the time limited by 
law, the title to said meeting-house and land shall vest in said 
corporation. And said corporation shall also have power, 
until the foregoing powers are exercised, to take a lease of said 
meeting-house and land, or the interest so taken, and hold the 
same thereunder for the purposes aforesaid. 

Section 2. The officers of said corporation shall consist of a ^anlgefs. 
board of managers, the ntimber of which shall be fixed by the 
by-laws, and of which the six first named in this act shall be 
members ex officiis, and two shall be elected annually by the 
city council of the city of Boston, and the rest shall be elected 
by the members of the corporation; and said managers shall 
elect one of their number president, and shall also elect a sec- 
retary and a treasurer. All officers shall hold over until others 
are chosen in their stead. New members may be admitted in Admission of 
such manner as the by-laws shall provide. members. 

Section 3. Said corporation may make contracts with the 
Commonwealth for the use of said meeting-house for the an- Building may 
nual election sermon, and with the Commonwealth or the city certain public 
of Boston for its use for any public purposes not inconsistent p"""?"*"- 
with the provisions of this act. 

Section 4. Said meeting-house and land shall be exempt 
from taxation while said meeting-house shall be used for any robe exempt 

nil n •-! Till! i^ J from taxation. 

of the purposes aroresaid, and shall be exempt from any tax 
for the year eighteen hundred and seventy-seven. 

Section 5. This act shall take effect upon its passage. 

Approved May 11, 1877. 



Allowance to 
Old South As- 
sociation in 
Boston. 



RESOLVE IN FAVOR OF THE CORPORATION 
RESOLVES OF 1878, CHAPTER 26 

Resolve in favor of the old south association in boston. 

Resolved, That there be allowed and paid out of the treasury 
of the Commonwealth, to the Old South Association in Boston, 
incorporated by chapter two hundred and twenty-two of the 
acts of the year eighteen hundred and seventy-seven, the sum 
of ten thousand dollars; the same to be used and applied for 
the preservation of the Old South Meeting House in Boston; 
payable only on satisfactory evidence furnished to the gov- 
ernor and council that a sum has been received from other 
sources which together with this amount shall be sufficient to 
give to this association a complete title to said meeting house 
and the land connected therewith, free from all debt or incum- 
brance. This grant is made upon condition that the free use 
of said meeting house shall be given to the legislature when- 
ever requested for the preaching of the annual election sermon. 

Approved May Jf, 1878. 



10 



BY-LAWS 

(ADOPTED JANUARY 27, 1909) 

The Old South Association in Boston is made a body corpo- 
rate by chapter 222 of the Acts of the year 1877. 



ARTICLE I. 

Officers. 

As provided by said Act the officers of said Association shall 
consist of a Board of Managers, a President, Secretary, and 
Treasurer; and all officers shall hold office until others are 
chosen in their stead. 



ARTICLE 11. 
Board of Managers. 

As provided by said Act the Board of Managers shall be the 
Governor of the Commonwealth, the Mayor of the City of Bos- 
ton, the President of Harvard College, the President of the 
Massachusetts Historical Society, the President of the Ameri- 
can Antiquarian Society, the President of the New Eng- 
land Historic-Genealogical Society, ex officiis, and two persons 
elected annually by the City Council of the City of Boston, 
and the rest shall be elected by the members of the corpora- 
tion, and the number of the Board of Managers shall be fixed 
by the By-laws. 

It is hereby provided that the number of members to be so 
elected shall be seventeen. 

The Board of Managers may determine what number of its 
members shall constitute a quorum. 

11 



ARTICLE III. 

Powers and Duties of the Corporation and of the 
Board of Managers. 

The scope of the work to be carried on within the Charter, 
and the general policy to be pursued in regard to the same, are 
to be determined by the corporation; but the work itself in its 
various departments and the ordinary business affairs of the 
corporation are to be transacted by the Board of Managers in 
the exercise of its administrative power. (See Report of Com- 
mittee, and authorities cited.) 



ARTICLE IV. 

President. 

As provided by said Act, the Board of Managers shall elect 
one of its number President. 



ARTICLE V. 
Secretary. 
As provided by said Act, the Board of Managers shall elect a 
Secretary. 

ARTICLE VI. 
Treasurer. 
As provided by said Act, the Board of Managers shall elect a 
Treasurer. 

It is hereby provided that the Treasurer shall have charge 
of all the moneys and funds of the corporation under the 
direction of the Board of Managers, and shall report to the 
Board of Managers or to such committee as said Board shall 
appoint. 

12 



ARTICLE VII. 
New Members of the Corporation, 

As provided by said Act, new members of the corporation 
may be admitted in such manner as the By-laws shall provide. 

It is hereby provided that the Board of Managers shall be a 
committee on the nomination of members of the corporation, 
and that upon such nomination, but not otherwise, new mem- 
bers may be admitted at any meeting of the corporation by 
ballot, by a vote of two thirds of the members present. 

ARTICLE VIII. 
Meetings of the Corporation. 

The annual meeting of the corporation shall be held in Bos- 
ton on the fourth Wednesday of January in each year, at such 
hour and place as the Board of Managers may order. 

Meetings of the corporation shall be called when ordered by 
vote of the Board of Managers, or upon request in writing to 
the President or Secretary, signed by at least five members of 
the corporation. 

Notice of meetings shall be mailed to each member of the 
corporation at his last known post-office address at least three 
days in advance. 

Seven members shall constitute a quorum at meetings of the 
corporation. 

ARTICLE IX. 

Amendment or Repeal of By-Laws. 

These By-laws may be amended or repealed at any annual 
meeting by a vote of two thirds of the members present. 
They may also be amended or repealed by the like vote at any 
meeting in the call for which notice is given of such proposed 
amendment or repeal. A unanimous vote shall be necessary 
to suspend any By-law. 

13 



RULES OF THE BOARD OF MANAGERS 

(ADOPTED FEBRUARY 13, 1909) 

The Board of Managers of the Old South Association in Bos- 
ton, acting in accordance with the statement of its duties and 
powers set forth in the By-laws of said Association, hereby 
adopts the following Rules for the conduct of the business com- 
mitted to it. 

ARTICLE I. 

Meetings. 

It shall be the duty of the Secretary subject to the instruc- 
tions, if any, of the Board, to call three meetings of the Board 
in each year, and additional meetings may be called at any 
time upon the request of the President, or of at least three 
members of the Board. Notices of meetings shall be mailed 
by the Secretary to each member at his last known post-office 
address at least three days in advance. 

Five members shall constitute a quorum at meetings of the 
Board. 

ARTICLE II. 

Executive Committee. 

There shall be a committee upon the work of the Old South 
Association, which shall be called the Executive Committee. 
This committee shall have charge, subject to the control of the 
Board, of all the divisions of the work of said Board, undertaken, 
or which shall be undertaken by the Association, relating to the 
public, historical, memorial, educational, charitable, and reli- 
gious uses stated in chapter 222 of the Acts of the year 1877. 

This committee shall make report to the Board at its meetings. 

Any member of the Association may be appointed to serve 
on the Executive Committee. 



14 



The President and Treasurer shall be ex officio members of 
this committee. 

The number of members which shall constitute a quorum at 
meetings of this committee shall be fixed by vote of the Board. 

ARTICLE III. 
Committee upon the Property and the Treasury. 

There shall be a Committee upon the Property and Treasury 
of the Old South Association. Subject to the control of the 
Board, it shall have charge of the real estate and the repairs 
and alterations of buildings, and the general charge and over- 
sight of the financial interests of the Association. This com- 
mittee shall make report to the Board at its meetings. 

The President and Treasurer shall be ex officio members of 
this committee. 

ARTICLE IV. 

Sub-Committees. 

For greater convenience the Executive Committee and the 
Committee upon the Property and Treasury may appoint sub- 
committees to take charge of Divisions or Departments of 
work within the scope of its duties, said sub-committees to 
report to the committee appointing them. 

Any member of the Association may be appointed to serve 
on these sub-committees. 

ARTICLE V. 
Duties of the Secretary. 

The Secretary shall be sworn to the faithful discharge of his 
duties. 

It shall be his duty to call meetings of the Board as provided 
in Article I. 

He shall promptly deposit with the Treasurer such title-deeds, 
agreements, and contracts, as from time to time may come into 
his hands, and the Treasurer shall give him receipts therefor. 

15 



ARTICLE VI. 
Duties of the Treasurer. 

The Treasurer shall have custody of all the moneys, securi- 
ties, title-deeds, and contracts of the corporation, except such 
moneys as may be in charge of any committee. He shall col- 
lect all moneys due to the corporation, and pay all bills against 
the corporation, when approved by the Board, or by or under 
the authority of the committee authorized to incur such bills. 

He shall have power to transfer stocks and securities on the 
written approval of one member of the Committee on the Prop- 
erty and the Treasury ; and to assign and discharge mortgages 
held by the corporation on payment of the same on the same 
approval in writing. 

He shall have power to make investments with the written 
consent of one member of the Committee on the Property and 
the Treasury. 

He shall have power to appoint and discharge one Assistant 
Treasurer, for whom he shall be responsible, and who may sign 
and indorse checks as authorized by him. 

He shall execute all deeds, leases, and other instruments, 
authorized by the Association, by the Board, or by any duly 
authorized committee, unless some other specific provision is 
made in the vote authorizing the same. 

His account shall be audited yearly or oftener by an account- 
ant appointed by the Committee on the Property and the 
Treasury. 

ARTICLE VII. 

Amendment of Rules. 

By a vote of two thirds of the members present these Rules 
may be amended at any meeting of the Board in the call for 
which notice is given of such proposed amendment. A unani- 
mous vote shall be necessary to suspend any Rule. 

16 



EXTRACT FROM THE WILL OF 
MARY HEMENWAY 

The residue is given in trust for fifteen years — 

" to and for such one or more of the various objects and un- 
dertakings hereinafter provided for, or other hke pubUc objects, 
selected and adjudged best by said Trustees in such sums and 
proportions and in such manner as said Trustees shall deem 
best, subject to any positive order or direction herein given, but 
always and only for such charitable uses for the public benefit as 
are allowed and can be sustained by law, of the general char- 
acter and objects herein described as authorized. 

"Among the undertakings which I am interested in are, — 

" 2. The historical and educational work connected with the 
Old South Meeting House by lectures, leaflets, and other pub- 
lications which has been heretofore carried on or assisted by 
me." 

[Will proved in Norfolk County, Probate Docket No. 30198, 
April 4, 1894. Testatrix died March 6, 1894.] 



17 



EXECUTORS OF MARY HEMENWAY 
PETITIONERS FOR INSTRUCTIONS 

V. 

WELLESLEY COLLEGE ET AL. 

Commonwealth of Massachusetts. 
Suffolk, ss. Supreme Judicial Court. In Equity. 



Augustus Hemenway, of Canton, Horatio A. Lamb, of Mil- 
ton, both in the County of Norfolk, and Morris Gray, of 
Newton, in the County of Middlesex, as they are Trustees 
of the estate given in trust under the last will and testament 
of Mary Hemenway, late of Milton, in the County of Nor- 
folk; Plaintiffs, 

V. 

Wellesley College, an educational corporation, duly estab- 
lished under the laws of said Commonwealth, Old South 
Association in Boston, a corporation duly established un- 
der an Act of the Commonwealth of Massachusetts, approved 
May 11, 1877, President and Fellows of Harvard Col- 
lege, an educational corporation, duly established under the 
laws of said Commonwealth, and the Attorney General of 
said Commonwealth; Defendants. 



(Suffolk County Supreme Judicial Court No., 12908.) 
COPY OF PART OF DECREE 

This cause came on to be heard upon bill and answer of all 
defendants, and thereupon, with the consent of counsel repre- 
senting all parties, it is ordered, adjudged and decreed. 



18 



(c) That the bill of complaint be retained without prejudice 
for such further order and decree as to the Court may seem 
proper pertaining to the matters as alleged therein of appro- 
priating and paying out of the accumulated income derived 
from said trust estate, a sum approximating fifteen to twenty 
thousand dollars ($15,000. 00- 120,000.00), to the Old South 
Association in Boston, a corporation duly established under 
the laws of said commonwealth. 

Decree entered Sept. 17, 1908. 

FINAL DECREE 

This cause came on to be further heard, and, it appearing that 
an interlocutory decree was entered on the seventeenth day of 
September, a.d., 1908, directing the plaintiffs to appropriate and 
pay over certain portions of the accumulated income derived 
from said trust estate to Wellesley College and to the Presi- 
dent and Fellows of Harvard College, educational corporations, 
duly established under the laws of said Commonwealth and 
retaining the case for further order and decree as to the mat- 
ters concerning the Old South Association in Boston, a corpo- 
ration duly established under the laws of said Commonwealth, 
thereupon, upon consideration, it is, ordered, adjudged and 
decreed, that the terms of said interlocutory decree be, and 
they are hereby, adopted and made a part hereof, and, further, 
that the plaintiffs are authorized under the terms of the will 
of said Mary Hemenway: 

To appropriate and pay over, out of the accumulated income 
derived from said trust estate, a sum approximating Fifteen 
to Twenty Thousand Dollars ($15,000.00 - $20,000.00) to the 
Old South Association in Boston, a corporation duly established 
under the laws of said Commonwealth, the same to be held 
and managed solely by said Association and known as ''The 
Mary Hemenway Fund for Old South Work," and the income 

19 



derived therefrom to be applied by said Association for the 
purpose of carrying on the Old South Work, as carried on and 
approved by the said Mary Hemenway, or in some normal or 
natural development thereof; said fund is also to be held by 
said Association, subject to the condition that in case said 
Association shall ever, for any reason cease to use the income 
of the fund so given to it towards carrying on the Old South 
Work, as aforesaid, it shall thereupon transfer and pay over 
said fund as it shall then exist, together with any accumulated 
income, to the President and Fellows of Harvard College, an 
educational corporation, duly established under the laws of 
said Commonwealth, to be managed solely by said last named 
corporation and the income therefrom applied by it to the 
teaching of American history, with a view to developing the 
best citizenship. As a condition precedent to the receipt of 
said fund, said Association shall obligate itself to appropriate, 
for the period of three years from and after March 6, 1909, a 
sum not less than the income that shall be realized from said 
gift during such three year period and to apply the same for 
the purpose of carrying on the Old South Work, as carried on 
and approved by the said Mary Hemenway, or in some normal 
or natural development thereof. 

JOHN W. HAMMOND 
Dec. 6, 1908 Justice Supreme Judicial Court. 

Assented to: 

ROPES GRAY & GORHAM 

for Harvard College 
RICHARD W. HALE. 

for Old South Association. • 

I do not care to be heard on the above decree, 

DANA MALONE, Attorney General 
by Fred T. Field, 

Asst. Attorney General. 

20 



MARY HEMENWAY'S TRUSTEES WITH 
OLD SOUTH ASSOCIATION 

(INDENTURE AUTHORIZED BY FOREGOING DECREE) 

Indenture made this twelfth day of December, a.d. 1908, by 
and between Augustus Hemenway, Horatio A. Lamb, and 
Morris Gray, Trustees under the will of Mary Hemenway, 
late of Milton, in the County of Norfolk and Commonwealth of 
Massachusetts, deceased, testate, (hereinafter called the Trus- 
tees) of the First Part, and the Old South Association in 
Boston, a corporation duly established under an Act of the 
Commonwealth of Massachusetts, approved May 11, a.d. 1877, 
of the Second Part (hereinafter called the Corporation) 

WITNESSETH: 

Whereas the said Mary Hemenway who died on the sixth 
day of March 1894 by her will, duly proved and allowed at a 
Probate Court holden at Dedham within and for the County of 
Norfolk on the fourth day of April 1894, gave all the residue 
of her property to Trustees, to hold for the period of fifteen (15) 
years from and after her decease and to appropriate, pay over, 
expend and dispose of the nett income thereforth for such one 
or more of the various objects and undertakings in said will 
provided for, or other like public objects selected and adjudged 
best by said Trustees in such sums and proportions and in such 
manner as said Trustees shall deem best, subject to any posi- 
tive order or direction therein given but always and only for 
such charitable uses for the public benefit as are allowed and 
can be sustained by law of the general character and objects 
therein described or authorized. 

And Whereas the testatrix was as specified in her will, 
much interested in 'Hhe Historical and Educational Work 



21 



connected with the Old South Meeting House by lectures, leaf- 
lets and other publications which has been . . . before the 
making of said Will carried on or assisted by " her and 

Whereas the said Trustees have since the death of Mrs. 
Hemenway been carrying on the Old South Work to a great 
extent as specified in said Will, and 

Whereas the Trustees believed that the testatrix hoped 
that such work would be permanently carried on even after 
the expiration of said fifteen years from the date of her death, 
and 

Whereas the Trustees with this in view have laid aside from 
the income of the trust estate in their possession the sum of 
Twenty thousand dollars (^20,000 — and 

Whereas the said Corporation is willing to accept the said 
sum of Twenty thousand dollars ($20,000) to be held as a separ- 
ate fund and known as "The Mary Hemenway Fund for Old 
South Work " and the income only therefrom to be applied by 
said Association for the purpose of carrying on the Old South 
Work as carried on and approved by said Mary Hemenway or 
in some normal and natural development, 

Now Be It Known that the Trustees in consideration of the 
premises and acting by virtue and in execution of a decree of 
the Supreme Judicial Court sitting in Equity within and for 
the County of Suffolk entered in the case of Augustus Hemen- 
way and others against Wellesley College and others, dated 
December 5, 1908 do intend on or before March 1, 1909 to 
assign, transfer and set over unto the said Old South Asso- 
ciation, in Boston, the said sum of Twenty thousand dollars 
($20,000) 

And the Old South Association in Boston, in consideration of 
the premises agrees to accept said sum and agrees when re- 
ceived, to hold, invest and re-invest the same as a separate 
fund to be known as "The Mary Hemenway Fund for Old 
South Work " and to apply the income thereof only from time 

22 



to time for the purpose of carrying on the Old South Work as 
carried on and approved by the said Mary Hemenway or in 
some normal or natural development thereof. 

And for the consideration aforesaid the said Corporation 
further covenants and agrees to and v^^ith the said Trustees and 
their successors in office and to and with each of the descend- 
ants of the said Mary Hemenway that it will for the period of 
three years from and after March 1, 1909, appropriate from 
its property other than the above gift of Twenty thousand 
dollars ($20,000) and its income a sum not less than the in- 
come that shall be received from said gift from said Trustees, 
during such three year period and will apply the same in addi- 
tion to the income so received from said gift from said Trus- 
tees, for the purpose of carrying on the Old South Work as 
carried on and approved by the said Mary Hemenway or in 
some normal or natural development thereof. 

And it further covenants and agrees to and with the said 
Trustees and their successors and with the said descendants of 
the said Mary Hemenway and with the President and Fellows 
of Harvard College hereinafter named that if it shall ever after 
the expiration of said three years, for any reason cease to use 
the income of the fund so given to it towards carrying on the 
Old South Work as aforesaid it shall thereupon transfer and 
pay over the principal of said fund as it shall then exist to- 
gether with any accumulated income to the Presidents and 
Fellows of Harvard College an educational corporation duly 
established under the laws of said Commonwealth to be man- 
aged solely by said last named corporation and the income 
therefrom applied by it to the teaching of American History, 
with a view to developing the best citizenship. 

In witness whereof, the said Augustus Hemenway, Horatio 
A. Lamb and Morris Gray, Trustees as aforesaid have 
hereto set their hands and seals and the Old South Associa- 
tion in Boston has caused its corporate seal to be hereto 

23 



affixed and these presents to be signed, sealed, acknowl- 
edged and delivered in its name and behalf by Charles W. 
Eliot, George A. Goddard and Richard W. Hale a Com- 
mittee thereto duly authorized the day and year first above 
written. 

AUGUSTUS HEMENWAY, [seal] 

HORATIO A. LAMB, [seal] 

MORRIS GRAY, [seal] 

Trustees as aforesaid. 
OLD SOUTH ASSOCIATION IN BOSTON, 
By Charles W. Eliot, 
George A. Goddard, 
Richard W. Hale, 

Committee. 

[Seal of Old South Association in Boston. 
Incorporated May 11, 187T.] 



EXTRACT FROM THE WILL OF 
CHARLES E. FRENCH 

Will proved Suffolk County Probates, Docket No. 129,002. 
Testator died November 28, 1904. Petition for probate filed 
December 22, 1904. Will and codicils allowed: January 5, 
1905. 

"I give to the trustees of the Old South Meeting House 
Preservation Society, Milk St. Boston Three Thousand Dol- 
lars ($3,000) in trust, the income to be expended in repairs on 
the building — also (outright) the iron fire back from the Old 
Hancock House and the Two pew seats from the Brattle 
Square Church, now in the loan collection, — " 

24 



OLD SOUTH ASSOCIATION WITH 
OLD SOUTH BUILDING TRUSTEES 

(AGREEMENT) 

This Indenture made this twentieth day of December 1902 
between the " Old South Association in Boston" a corporation 
organized in the Commonwealth of Massachusetts under Chap- 
ter 222 of the Acts of the year 1877 party of the first part and 
Eichard Olney of Boston and Moorfield Storey of Lincoln in 
said Commonwealth, Trustees of the Old South Building Trust 
under an Indenture of Trust dated the first day of March 1902 
and recorded in the Suffolk Registry Book 2823 page 17 party 
of the second part, 

WITNESSETH: — 

That the said party of the first part doth hereby grant unto 
the said party of the second part an easement of uninterrupted 
light and air over the premises hereinafter described above the 
level of the grass plot on the northerly side of the tower of 
the Old South Meeting House and the right to project over not 
exceeding five feet of said premises and to maintain thereover 
cornices window-sills, blinds, shutters, window-sashes, awn- 
ings and like projections on and from the southerly wall of a 
building on Washington street in said Boston now in the course 
of construction for the party of the second part. 

The premises above referred to and over which said ease- 
ments are granted are situated in said Boston and bounded as 
follows: Westerly on Washington Street; northerly by land 
held by the party of the second part for a term of years under 
said Indenture of Trust ninety-seven and 3/10 (97.3) feet; 
easterly by the same and southerly by a line coincident with 
the northerly face of the northerly side wall of the Meeting 

25 



House extended in a straight line to said Washington Street. 
The right to maintain eaves, cornices and other ordinary pro- 
jections of said side wall and to use blinds, shutters and awn- 
ings thereon is reserved. 

The easements and rights above granted are to begin on the 
first day of April 1903 and are to continue until the first day 
of May 1977 provided however that if during the period of this 
grant the said Meeting House shall be damaged or destroyed 
in any manner or by any cause whatever or shall be in whole 
or part taken by right of eminent domain, or under any exer- 
cise of " police power " so-called, so that said Association shall 
determine that it is not expedient longer to continue the use 
of the same for the purposes prescribed by its charter and that 
it is expedient to make a use of the servient premises under its 
charter inconsistent with their remaining open as herein pro- 
vided or to sell the same, this agreement may then be ter- 
minated by an appropriate notice in writing served by the 
party of the first part upon the party of the second part and 
fixing the day for such termination at a date not less than 
three months from the time of such service. 

And in consideration of said grant the party of the second 
part pursuant to the authority given it by the provisions of 
said Indenture of Trust hereby agrees to pay to the party of 
the first part and its successors or assigns the sum of Six thou- 
sand dollars yearly in quarterly payments, the first payment to 
be made on the first day of July 1903, and at the same rate for 
any part of a quarter unexpired at the legal termination of this 
lease, without any reduction on account of any future taking 
of part of the above mentioned premises by the City of Boston 
or other public authority for any purpose, or on account of any 
release or conveyance by the party of the first part of any part 
thereof for the widening of Washington Street, and it hereby 
assigns to the party of first part any claim and right of action 
which it may hereafter have against said city or other public 

26 



authority for any such taking and any right and title to the 
land so released or conveyed and any claim to compensation 
therefor, but if the whole of the premises over which the said 
easements are hereby extended, or the major part thereof, is 
taken by the city of Boston or other public authority, or if 
the substantial enjoyment of the easements hereby created be 
impaired either by any structure placed on any portion of said 
premises taken by the city or other public authority pursuant 
to and in connection with such taking or otherwise, the party 
of the second part shall have the right at its option either to 
terminate this agreement upon assigning to the party of the 
first part any claim and right of action which it may have 
growing out of such taking, or upon executing such assign- 
ment to demand and receive a reasonable reduction in the an- 
nual payment thereafter to be made hereunder, such reduction 
to be fixed by arbitration if the parties are unable to agree upon 
the same. 

The party of the second part further agrees that after April 
first and not later than July first 1903 it will tear down the 
building now standing on said premises and suitably repair, 
make whole and refinish the northerly side wall of said Meet- 
ing House where said building abuts upon or is built into the 
same and for a distance of sixty-nine (09) feet from the present 
line of Washington Street will suitably fill in, grade and sod 
said premises to the level of said grass plot on the northerly 
side of the tower of said Meeting House and will build a fence 
in front of said premises joining and conforming to the fence 
now enclosing said grass plot. 

It is hereby further stipulated that any claim for debt or 
damages under the reservation of payment or any of the cove- 
nants on the part of the party of the second part herein con- 
tained shall be a charge upon and shall be enforceable against 
the property and "effects subject to the trusts of the said Inden- 
ture at the time of proceedings to enforce the same, but neither 

27 



said Richard Olney nor said Moorfield Storey, nor any trus- 
tee or shareholder present or future under the Old South 
Building Trust shall be held to any personal liability under or 
by reason of this instrument, and that the party of the first 
part shall look only to the funds and property of the Old South 
Building Trust for the payment of any and all claims under 
this instrument or for the payment of any damage, judgment, 
or decree, or of any money that may otherwise become due 
or payable to the party of the first part from the party of 
the second part, so that neither the party of the second part, 
nor any successors or successor in said trust, nor any share- 
holder thereunder, present or future, shall be personally liable 
therefor. 

In witness whereof the Old South Association in Bos- 
ton has caused this instrument (being in duplicate) to be 
signed and sealed in its name and behalf by Reginald Gray, 
its Treasurer, and the said Trustees have hereunto set 
their hands and seals on the day and year first above men- 
tioned. 

THE OLD SOUTH ASSOCIATION 

IN BOSTON [SEAL] 

By Reginald Gray Treasurer [seal] 

RICHARD OLNEY [seal] 

MOORFIELD STOREY [seal] 

Commonwealth of Massachusetts. 

Suffolk, ss. Boston. 

On this twenty-third day of December 1902, before me 
appeared Reginald Gray to me personally known who being 
by me duly sworn did say that he is the Treasurer of the Old 
South Association in Boston and tViat the foregoing instru- 
ment was signed and sealed by him in behalf of said Cor- 
poration pursuant to its authority and said Reginald Gray 

28 



acknowledged said instrument to be the free act and deed of 
said Corporation. 

GEORGE GLOVER CROCKER, Jr. 

Justice of the Peace. 

Commonwealth of Massachusetts. 

Suffolk, ss. Boston. Dec. 22, 1902 

On this 22d day of December 1902, before me appeared Rich- 
ard Olney to me personally known who acknowledged the fore- 
going Indenture to be his free act and deed. 

FELIX RACKEMANN 

Justice of the Peace. 

We the undersigned approve the foregoing Indenture. 

CHARLES W. ELIOT President 
REGINALD GRAY Treasurer 
GEORGE A. GODDARD 
ROBERT R. BISHOP 
GEORGE G. CROCKER 

At a duly called meeting of the Old South Association in 
Boston, held on November fourth 1902, a quorum being pres- 
ent the following motion was adopted: — 

That the Treasurer be and he hereby is authorized to sign, 
seal, acknowledge and deliver on behalf of the Old South Asso- 
ciation in Boston, an instrument or instruments granting 
rights of light and air over land of the Association for the 
building to be erected by the Trustees of the Old South Build- 
ing Trust together with the right to maintain certain projec- 
tions from the said building until the first day of May in the 
year nineteen hundred seventy-seven (1977) in such form and 
subject to such limitations, conditions, provisions and terms as 
may be approved by the building committee of the Association 

29 



or a majority thereof, at a yearly payment of not less than 
six thousand dollars. 

The Committee on the Building consists of the President, 
Charles W. Eliot, — the Treasurer, Reginald Gray, — the Sec- 
retary, George A. Goddard, and Messrs. Robert R. Bishop and 
George G. Crocker. 

Attest: GEORGE A. GODDARD 

Secretary. 

Boston, December 24, 1902 at 12 o'clock and 57 minutes 
P.M. Received and Entered with Suffolk Deeds. Libro 2872 
Page 107 

Attest: THOS. F. TEMPLE 

Register 



30 



SUBWAY TAKING OF 1907 

Whereas, George G. Crocker, Thomas J. Gargan, George 
F. Swain, Horace G. Allen and Josiah Quincy, constitute the 
Boston Transit Commission, and said Commission at regular 
meeting held this twenty-sixth day of February, 1907, at which 
meeting a quorum was present, by vote adopted the following 
motion: 

" The Boston Transit Commission deems that it is necessary 
for the purposes set forth in chapter 534 of the acts of the Leg- 
islature of the Commonwealth of Massachusetts for the year 
1902, being ' An act to provide for the construction of addi- 
tional tunnels and subways in the city of Boston,' to take in 
fee for the city of Boston portions or sections of real estate in 
said city, bounded by vertical and horizontal planes as herein- 
after described. 

" The exterior vertical planes are those which contain the 
lines of a traverse hereinafter described and which are shown 
on plan entitled ' Plan and section showing taking for a por- 
tion of the Boston Tunnel and Subway,' dated February 26, 
1907, signed by a majority of the Commission, and H. A. Car- 
son, the Chief Engineer of the Commission, numbered 8112, 
and to be recorded herewith in the Kegistry of Deeds for the 
County of Suffolk. 

" The traverse is described as follows: Beginning at a point 
' A ' in the southeasterly line of Washington street at the in- 
tersection of said line with the northeasterly building line of 
the tower of the Old South Meeting House, so-called; thence 
running southeasterly along the line ' AB ' which line forms 
said northeasterly building line of the tower of the Old South 
Meeting House, so-called, sixteen and ninety one-hundred ths 
(16.90) feet to a point ' B; ' thence running northeasterly along 

31 



the line ' BC,' which line forms the northwesterly building line 
of the Old South Meeting House, so-called, twenty-three and 
ninety one-hundredths (23.90) feet to a point ' C;' thence run- 
ning southeasterly along the line ' CD,' which line forms the 
northeasterly building line of said Old South Meeting House, 
so-called, about seventy-eight and seventythree one-hun- 
dredths (78.73) feet to a point 'D;' thence running northeast- 
erly along the line ' DE,' which line forms, with said line 'CD,' 
an angle of ninety -six (96) degrees, forty (40) minutes, forty- 
five (45) seconds, about fourteen and fortyfour one-hundredths 
(14.44) feet to a point ' E ' in the southwesterly building line 
of said Old South Building, so-called; thence running north- 
westerly along the line 'EF,' which line forms, as far as 
the point 'e^g,' the southwesterly building line of said Old 
South Building socalled, about ninety and fortyseven one- 
hundredths (90.47) feet to a point ' F ' in said southeasterly 
line of Washington street; thence running southwesterly 
along said southeasterly line of Washington street, forty-nine 
and thirtyseven one-hundredths (49.37) feet to the point of 
beginning. 

"Within the said exterior vertical planes the respective por- 
tions or sections are bounded by vertical planes containing the 
lines: 

^l""i ^S'^lO ^ll"^4 

C-h Cg-e^ Cjg'^s 

Cg-e^g Cg-e, Cj^-ej^ 

Cg-e^^g Cg-Cg ij-i 

^4"®!! ^10'®5 ^2"'-*l 

as shown on said plan. 

" Said respective portions or sections are confined between 
lower and upper horizontal planes whose respective boundaries 
and levels are shown in the following table, the elevations of 

32 



said levels being referred to 


a datum one 


hundred feet below 


Boston base, so-called: 






Prism designated by ] 


Lower Plane 


Upper Plane 


a,-B-b, 


113.00 


138.50 


A-a.-b.-fg 


101.60 


148.50 


f^-b.-C-h-f, 


98.50 


148.50 


fx-i-e,4-F 


102.90 


148.50 


C-c,-i-h 


102.00 


148.50 


Ci-Cg-e^ 3-ej4 


103.35 


148.50 


Cg-Cg-e^g-^i 3 


103.79 


148.50 


^3''^4"®ll"®12 


104.24 


148.50 


^4"C5"®1 0'®11 


104.68 


148.50 


^5'^6'^9'®l 


105.13 


148.50 


Cg-c^-Og-eg 


105.57 


148.50 


c,-Cg-e,-eg 


106.02 


148.50 


^s-Cg-ee"^? 


106.46 


148.50 


^9"^l 0'®5'®6 


106.91 


148.50 


^1 0"Cll-^4"®5 


107.35 


148.50 


^ll"Cl2"^S"®4 


107.35 


142.60 


^1 2"^13"^2"^3 


114.75 


142.60 


^1 8'^14"®l'®2 


116.25 


142.60 


c,4-D-E-ei 


118.50 


142.60 



''Said Commission also deems that it is necessary for the 
purposes set forth in said act to take in fee for said city an 
easement or right to suitable support below said lower levels 
by the soil or otherwise of the structures which may be placed 
within said portions or sections, but reserving to the owner of 
said premises within which this easement is taken, its heirs 
and assigns, 

"First. The right to the exclusive use of the area aj-B-b^ at 
or above elevation 138.50 

"Second, The right to use such portions of a^-B-b^ below 
elevation 138.50 as may be necessary to obtain entrance to the 

33 



basement of the adjoining premises, any alterations in the 
structure erected by said Commission in the premises hereby 
taken to be made by the owner of said premises in such manner 
as shall be approved by said Commission, or, in the event of 
the termination of the existence of said Commission, by the 
Mayor, City Engineer and City Treasurer of Boston, or such 
other officers as the City Council may prescribe. 

"Third. The right to use in common with others as a 
foot passage the area A-a^-b^-c-M-mj m^-N-F between the top 
of said structure at about elevation 138.50 and elevation 148.50, 
except such portions thereof as are to be used for stairways 
and their coverings, approximately as indicated on said plan. 

" Fourth. The right to the exclusive use at or above eleva- 
tion 138.50 of the area M-c^ o-Cg-N-nig-m^, together with the 
right to support stairways or other overhead structures upon 
the roof of the structure to be erected within this area below 
elevation 138.50 so far as such support will not injure such 
structure, subject only to the right of said Commission or said 
city, or its successors or assigns, to enter upon said area from 
time to time as may be necessary for the original construction 
or repair of the structure and its appurtenances erected in this 
taking. 

" Fifth. The right to use in common with others as a foot 
passage the area c^^-D-^-e^ between the top of said structure 
at about elevation 132.60 and elevation 142.60, except such 
portions thereof as are to be used for stairways and their cover- 
ings and air duct, approximately as indicated on said plan. 

"Sixth. The right to the exclusive use below elevation 131.60 
and above elevation 122.83 of the areaR-D-d^-r^ without injury 
to or interference with the use and support of said area at or 
above elevation 131.50; subject to the right of said Commission 
or said city, or its successors or assigns to maintain a pipe 
therein not exceeding twelve (12) inches in diameter and not 
going below elevation 129 in said area, and to the right of said 

34 



Commission or said city, or its successors or assigns to enter 
upon said area from time to time as may be necessary for the 
original construction or repair of the structure and its appur- 
tenances erected in this taking. 

"Seventh. The right, within the area d^-dj-E-d^ and ap- 
proximately at the elevation shown on said plan, within the 
space provided therefor by said Commission, to install and use 
a pipe or conduit at least two (2) feet in diameter. 

"Eighth. The right to enter the adjoining buildings from 
any part of the area included in said traverse, except such 
portions thereof as are to be used for stairways and their cov- 
erings and air duct, approximately as indicated on said plan. 

"Ninth. The right to cover the area A-a^-b^-C-c^ j-e^-F at 
or above elevation 148.50. 

"Tenth. The right to cover the area c^ ^-D-E-e^ at or above 
elevation 142.60. 

"Eleventh. The right to suitable support on the top of the 
northeasterly wall of said structure from the point ' E ' to the 
point 'Cjg' for buildings hereafter altered or erected in con- 
formity with law and with the ordinances and requirements of 
said city, or to the equivalent of such support, provided that 
there shall be no obstruction or interference with the use of 
said portions or sections as herein taken, or unnecessary injury 
to said structures. 

" Twelfth. The right to suitable support at elevation 148,50 
near the points ' F ' and ' f g ' on posts to be erected whenever 
necessary by said Commission or its successors, as aforesaid, 
or to the equivalent of such support, provided that there shall 
be no other obstruction or interference with the use of said 
portions or sections as herein taken, or unnecessary injury to 
said structures. 

"The owner of the real estate in and through which said 
easements and rights are located is supposed to be The Old 
South Association in Boston. 

35 



"Wherefore, said estate, easements and rights are hereby 
taken in fee for the city of Boston in part execution of the 
authority conferred by said chapter 534 of the acts of the year 
1902 and of every other power and authority said Boston Tran- 
sit Commission hereto enabling." 

Now, therefore, the Boston Transit Commission in accord- 
ance with the foregoing vote and pursuant to the act therein 
referred to hereby certifies and states that under and by virtue 
of the authority conferred by said act, and in part execution 
thereof, and for the reasons therein set forth, and by virtue of 
every other power and authority it hereto enabling, the estate, 
easements and rights above described are taken by it in fee for 
the city of Boston. 

In Witness Whereof, We, the undersigned constituting a 
majority of the Boston Transit Commission hereto set our 
hands this twenty-sixth day of E'ebruary in the year nine- 
teen hundred and seven, 

GEORGE F. SWAIN] ^ . ^ 
HORACE G. ALLEN I ^^^^^^ ^'^""''^ 
JOSIAH QUINCY j Commission. 



36 



DEED OF BUILDING, 1876 

This Indenture made this eleventh day of Octoher, in the year 
of our Lord eighteen hundred and seventy six, by and between 
the Old South Society in Boston, a corporation duly established 
by law, in Boston, in the County of Suffolk and Commonwealth 
of Massachusetts, party of the first part, said corporation acting 
by virtue and in pursuance of a decree of the Supreme Judicial 
Court, a copy of which is recorded with Suffolk Deeds, Lib. 
1333, fol. 53, and of every right and power it enabling, and 
Royal M. Pulsifer of Newton, in the County of Middlesex and 
Commonwealth of Massachusetts, party of the second part. 

Witnesseth : 

That said corporation in consideration of one dollar and other 
valuable consideration to it paid by said party of the second part, 
the receipt whereof is hereby acknowledged, does hereby sell, con- 
vey and transfer unto said Royal M. Pulsifer, party of the sec- 
ond part, the building formerly known as the Old South Meeting 
House, now situated on the lot of land at the corner of Milk 
and Washington Streets in said Boston, which lot of land has 
been this day conveyed by said corporation to said party of the 
second part, by deed of even date and to be recorded herewith. 

Provided, Nevertheless, and this conveyance of said edifice is 
upon the express condition, that said building shall not at any 
time during the period of thirty years from the date of this In- 
denture, be used for any business or commercial purpose, and shall 
be used during said period for historical and memorial purposes 
only, and that it shall not at any time during said period, be used 
for any purpose whatever on Sunday, except so far as necessary 
for the care and preservation of said building and contents. 

And in case of breach of the foregoing conditions or any of 
them, said building shall be forfeited to said Old South Society in 

37 



Boston, and said Old South Society in Boston reserves the right 
to enter for breach of condition and enforce said forfeiture and 
take down and remove said building, but such entry shall not be 
made till after ninety days notice in writing, such notice to be 
given within sixty days of the breach, and if for any reason per- 
sonal notice to the owner cannot be conveniently given because 
of the absence of such owner, or other impediment, notice posted 
on the front of the building shall suffice, and proof of having so 
posted such notice ninety days before the entry, shall constitute 
proof of ninety days notice, unless it is shown that such notice 
was during said period, taken down by said Society or its au- 
thorized agent, and no failure to enforce the forfeiture for any 
breach, shall be construed a waiver of the condition, or impair 
the right to forfeiture for any subsequent breach. 

It is distinctly understood that at any time before breach of 
condition, the building may be removed by its owners to any 
other locality, and that the building in any other locality may 
be used for any purpose its owners may see fit. 

When the present edifice is torn down, whether under such 
circumstances that the whole thereof belongs to the Old South 
Society in Boston or not, said Society is to have the corner 
stones and any memorials under the same. 

It is further understood that the foregoing provisions shall 
not in any manner constitute a waiver of the grantor's right to 
enforce the above conditions by way of injunction or otherwise, 
as it may deem most effectual, in addition to the remedy by 
entry and forfeiture above provided. 

To Have and to Hold the said edifice to the said party of the 
second part, his heirs, executors, administrators and assigns, 
subject to the foregoing conditions. 

The said party of the second part joins herein in token of his 
acknowledgment that the above conditions and the observance 
thereof, according to their true intent, constitute an essential 
part of the consideration of this conveyance. 

38 



In witness whereof, said Old South Society in Boston, has 
caused its corporate seal to be hereto affixed, and these pres- 
ents to be signed in its behalf by Charles Blake its Treasurer, 
and to be countersigned by a majority of its Standing Com- 
mittee, said Committee consisting of the following persons, 
Samuel Johnson Avery Plumer Joshua B. Kimball William 
Hilton Thomas J. Hadley Charles A. Morss Samuel R. Pay- 
son Frederick D. Allen and Charles L. Pitkin said Treasurer 
and Committee being hereto duly authorized by vote of said 
Society, a copy of which is contained in the decree a copy of 
which decree is recorded as aforesaid with Suffolk Deeds 
Lib. 1333 fol. 53, and said party of the second part has here- 
unto set his hand and seal, the day and year first above 
written. 

THE OLD SOUTH SOCIETY IN BOSTON 

by Charles Blake Treasurer [old south seal] 

Countersigned and approved 

SAMUEL JOHNSON 
JOSHUA B. KIMBALL 
WILLIAM HILTON 
AVERY PLUMER 
THOMAS J. HADLEY 
CHARLES A. MORSS 
ROYAL M. PULSIFER 
Majority of standing Committee [seal] 

words "hereto annexed" erased and words "contained in the 
decree a copy of which decree is recorded as aforesaid with 
Suffolk Deeds Lib 1333 fol 53 " written in 

Signed, sealed and delivered in presence of 

F. V. Balch to C.B. S.J. J.B.K. W.H. A.P. T.J.H. and 
C.A.M. and R.M.P. 

39 



Commonwealth of Massachusetts. 

Suffolk, ss: Boston, October 11th 1876. 

Then personally appeared the Old South Society in Boston, 
by Charles Blake its Treasurer, and acknowledged the above 
instrument to be its free act and deed. 

Before me, 

FRANCIS V. BALCH 

Justice of the Peace. 

Boston, October 18, 1876 at 1 o'clock p.m. Received & 
Entered with Suffolk Deeds, Lib. 1350, Fol 59 

Attest THOS. F. TEMPLE Reg. 



DEED OF LAND, 1876 

Know all men by these Presents, that the Old South Society 
in Boston, a corporation duly established by law in Boston, in 
the County of Suffolk and Commonwealth of Massachusetts, 
acting by virtue and in pursuance of a decree of the Supreme 
Judicial Court, dated May 31, 1876, in the cause Old South 
Society versus Uriel Crocker et al In Equity, Suffolk County, 
April Term 1876, a copy of which decree is recorded Lib. 1333, 
fol 63, of Suffolk Deeds, and of every other right, power and 
authority said Society enabling, and in consideration of Four 
hundred thousand dollars paid by Royal M. Pulsifer of New- 
ton, in the County of Middlesex and Commonwealth of Massa- 
chusetts, the receipt whereof is hereby acknowledged, does 
hereby bargain, sell, remise, release and forever quitclaim 
unto the said Royal M. Pulsifer, his heirs and assigns, all that 
parcel of land situate at the corner of Washington and Milk 
Streets in said Boston, but without the buildings thereon, said 
premises being bounded and described as follows, viz: — Begin- 
ning at the corner of Milk Street and of Washington Street, 

40 



and running a little East of North along said Washington 
Street twenty four (2-i) feet to the side wall of the porch or 
front entrance of the church edifice now upon the premises; 
thence turning and running a little North of West still along 
said Washington Street two and one-half (2 1/2) inches; thence 
turning and running again a little East of North, still along 
said Washington Street in front of said porch nineteen (19) 
feet, one and one half (1 1/2) inches; thence turning and run- 
ning a little South of East still along said Washington Street 
two and one-half (2 1/2) inches; thence turning and running 
North Easterly still along said Washington Street forty nine 
(49) feet, seven and one-half (7 1/2) inches, to the Southerly 
face of the Southerly brick wall of the Southerly store of the 
block of stores on Washington Street belonging to said G-rantor, 
at a point three and one-quarter (3 1/4) inches from the front 
of said store; thence turning and running a little South of 
East along said face of said brick wall and the same line pro- 
duced, in all ninety seven and three tenths (97 3/10) feet, more 
or less, to the space indicated as a passageway, on the plan 
hereinafter mentioned, at a point distant thirteen and seventy- 
hundredths (13 70/100) feet (along the same line produced) 
from the Westerly face of the Westerly wall of the Westerly 
store of the block of stores belonging to the Grantor, on Milk 
Street; thence turning and running a little East of South along 
the Westerly side of said space indicated as a passageway forty 
five and twenty-hundred ths (45 20/100) feet to a point where 
said space indicated as a passageway is ten and twenty-seven 
hundredths (10 27/100) feet wide, measuring perpendicularly 
from said Westerly face of said Westerly wall of said Milk 
Street store, thence turning and running more Southerly a lit- 
tle West of South still along the Westerly side of said space 
indicated as a passageway thirty-six (36) feet to said Milk 
Street at a point distant fifteen and sixteen one hundredths 
(15 16/100) feet Westerly from said Westerly face of said 

41 



Westerly wall of said Milk Street store measuring along said 
Milk Street; thence turning and running Westerly, a little 
Northerly along said Milk Street seventeen and eleven hun- 
dredths (17 11/100) feet, more or less; thence turning and run- 
ning Westerly, a little more Northerly, along said Milk Street 
seven (7) feet, one (1) inch to the rear wall of said church; 
thence turning South Westerly still on said Milk Street six (6) 
inches; thence turning and running North Westerly along said 
Milk Street twenty six (26) feet, six (6) inches; thence turning 
and running nearly Westerly along said Milk Street fourteen 
(14) feet, ten (10) inches; thence turning and running North 
Westerly along said Milk Street twelve (12) feet, four and one- 
half (4 1/2) inches; thence turning and running North West- 
erly but more Northerly than before, fourteen (14) feet, ten 
(10) inches along said Milk Street; thence turning and running 
North Westerly again, but more Westerly twenty six (26) feet 
along said Milk Street; thence turning and running along said 
Milk Street North Easterly six and one-half (6 1/2) inches; 
thence turning and running North Westerly again along said 
Milk Street seventeen (17) feet, five (5) inches to point of begin- 
ning. Being the lot marked ABCDEFGHIAona plan 
to be recorded herewith, being a copy of a plan, of Alexander 
Wadsworth, Surveyor dated Boston, Dec. 13, 1866, made by 
Fuller and Whitney, Sept. 22, 1876; and containing according 
to said plan Ten thousand two hundred and ninety five and 
sixty-six hundredths (10295 66/100) square feet of land, refer- 
ence to said plan being hereby had for a more particular de- 
scription, or however otherwise said premises may be bounded 
or described, and be all or any of said measures and said con- 
tents more or less. Said premises are the same described in 
the decree aforesaid, and the plan thereto annexed, except 
that said space indicated as a passageway which is included in 
the description in said decree and the plan thereto annexed is 
not hereby conveyed. 

42 



Said space indicated as a passageway, is shown on said plan 
and is described as follows, reference being had to said plan, 
namely: — Southerly on Milk Street fifteen and sixteen hun- 
dredths (15 16/100) feet; North Easterly by laud of the Grantor 
thirteen and seventy-huudredths (13 70/100) feet, on a line 
which is a continuation of a line along the Southerly face of 
the Southerly brick wall of the Southerly store of the block of 
stores belonging to Grantor on Washington Street, on the East 
by land of the Grantor by a line along the Westerly face of the 
Westerly wall of the Westerly store in the block of stores be- 
longing to the Grantor on Milk Street seventy five and eighty- 
three hundredths (75 83/100) feet and Westerly by the premises 
hereby conveyed and above described on two lines forty five and 
twenty -hundredths (45 20/100) feet and thirty six (36) feet re- 
spectively. 

The premises are conveyed with a right of light and air over 
said space indicated as a passageway; and with the right if and 
so long as the owners of the land are owners of the present 
edifice thereon, to maintain the same projecting over a part of 
said passageway as it now is, but with no other right or ease- 
ment therein. 

It is understood and agreed that the two doors in the base- 
ment of said edifice, in the rear thereof, whether opening 
towards the said space indicated as a passageway or towards 
the space in the rear of the Washington Street stores, are to be 
closed by the owners of said edifice if it remains on the prem- 
ises, also that if in erecting a permanent building upon the 
granted premises a wall shall be built upon the land immedi- 
ately adjacent to the Southerly Washington Street store before 
said Old South Society in Boston, or its assigns rebuild the said 
Southerly Washington Street store, then the grantee herein is 
to remove the present foundations of the Southerly brick wall 
thereof and rebuild them upon the laud now occupied by said 
store, entering thereon to rebuild them and protect the waUs of 

43 



said corporation, doing the work in a proper and workmanlike 
manner, and without expense to the Old South Society in Bos- 
ton, its successors or the then owners of said store. 

The corner stores and any memorials under them shall re- 
vert to the Old South Society in Boston, when the present 
church building is torn down, irrespective of its right to the 
remainder of the edifice. 

The taxes of the present year are to be paid by the purchaser. 

The grantor reserves to itself and its successors, the right to 
enter upon the premises and to take down and remove the 
church edifice now on the premises and which has been this 
day conveyed to the Grantee by said Grantor by an Indenture 
of even date herewith (and which is hereby referred to and 
which is to be recorded herewith) in case any condition of said 
Indenture should be broken, this reservation to be so construed 
as to include all rights necessary to effectually enforce the pro- 
visions and true intent of said Indenture. 

And all the above provisions form part of the consideration 
of this conveyance. 

To Have and to Hold the above conveyed premises to said 
Royal M. Pulsifer, his heirs and assigns, to his and their own 
use and behoof forever. 

And the Grantor for itself, its successors and assigns, cove- 
nants to and with said Grantee, his heirs and assigns, that said 
premises are free from all incumbrances by it made, except as 
aforesaid, and that it will and its successor shall warrant and 
defend the same to said Grantee, his heirs and assigns forever, 
against the lawful claims and demands of all persons claiming 
by, through or under the Grantor, but against none other and 
except as aforesaid. 

In Witness whereof said Old South Society in Boston, has 
caused its corporate seal to be hereto affixed and these pres- 
ents to be signed in its behalf by Charles Blake, its Treas- 
urer, and countersigned by a majority of its Standing Com- 

U 



mittee, said Committee consisting of the following persons, 
namely: Samuel Johnson Avery Plumer Joshua B. Kim- 
ball William Hilton Thomas J. Hadley Charles A. Morss 
Samuel R. Pay son Frederick D. Allen and Charles L. Pitkin 
all duly authorized by vote, a copy of which is contained in 
the decree a copy of which decree is recorded as aforesaid 
with Suffolk Deeds Lib. 1333 fol. 53, this eleventh day of 
October, a.d. Eighteen hundred and seventy six. 

THE OLD SOUTH SOCIETY IN BOSTON 

by Charles Blake Treasurer [seal] 

Countersigned and approved 

SAMUEL JOHNSON 
WILLIAM HILTON 
JOSHUA B. KIMBALL 
AVERY PLUMER 
THOMAS J. HADLEY 
CHAS. A. MORSS 
Majority of Standing Committee of the 

Old South Society in Boston 

words "hereto annexed " erased and words "contained in the 
decree a copy of which decree is recorded as aforesaid with 
Suffolk Deeds Lib 1333 fol 53 " written in 

Signed, sealed and delivered in presence of 

F. V. Balch to C.B. S.G. W.H. J.B.K. A.P. T.J.H. and 
C.A.M. 



Commonwealth op Massachusetts 
Suffolk, ss. Boston, October 11th, 1876. 

Then personally appeared the above named Old South Soci- 
ety in Boston, by Charles Blake its Treasurer, and acknowl- 

45 



edged the above instrument to be its free act and deed. Before 

me, 

FRANCIS V. BALCH 

Justice of the Peace. 

Boston, Oct 18, 1876 at 1, oclock pm. Received & Entered 
with Suffolk Deeds, Lib 1350, Fol 57 

Attest THOS. F. TEMPLE Reg. 



46 



DATES, REFERENCES TO DEEDS, ETC. 

References are to book and page of Suffolk Registry of Deeds ; stat- 
utes of year named, and chapter ; volume of Massachusetts reports and 
page ; except as otherwise given in full. 



c. 


\LENDAR 

Date 


Title of Instrument 
OR Matter 


Refe 


rence 


Mar. 


12, 1669. 
1669. 


Old South or Third 
Church and Parish 
formed. 

First meeting house 
built. 






Apr. 


1, 1669. 


Present location ac- 










quired. 


Book 6, p 


). 26. 


Mar. 


31, 1Y29. 


Present meeting house 
corner-stone. 






Mar. 


26, 1845. 


Old South Church in- 










corporated. 


1845; c. 


229. 


Mar. 


7, 1859. 


Name changed to Old 










South Society. 


1859; c 


;. 88. 




1871. 


French v. Old South 










Society. 


106 Mass. 


479. 




1871. 


Crocker v. Old South 










Society. 


106 Mass. 


489. 


Nov. 


9, 10, 1872. 


Boston fire. 






Dec. 


12, 1872. 


Power granted to lease 










real estate. 


1872: c. 


368. 


May 


26, 1874. 


Meeting house not to be 
leased or sold with- 
out authority from 
Supreme Judicial 










Court. 


1874; c. 


270. 



47 



1875. Old South Society v. 

Crocker. 119 Mass. 1. 

May 31, 1876. Decree in Old South 

Society v. Crocker. Book 1333, p. 63. 

Oct. 11, 1876. Deed of land {ante, p. 

40). Book 1350, p. 57. 

Oct. 11, 1876. Deed of building {ante, 

p. 37). Book 1350, p. 59. 

Oct. 11, 1876. Mortgage to N.E. Mu- 

tual Life. Book 1350, p. 60. 

Oct. 11, 1876. Mortgage to Henry Lee. Book 1350, p. 62. 

Oct. 11, 1876. Declaration of trust, 

Pulsifer. Book 1350, p. 64. 

May 11, 1877. Old South Association 

incorporated by stat- 
ute. 1877; c. 222. 
1879. Old South Society v. 

Boston. 127 Mass. 378. 

1881. Viaux v. Old South 

Society. 133 Mass. 1. 

Feb. 26, 1890. Pulsifer to Old South 

AssociatioD. Book 1931, p. 406. 

Feb. 26, 1890. Mortgage extended. Book 1931, p. 407. 

Aug. 2-7, 1897. Notice to prevent Ease- 
ments. Book 2464, p. 112. 

Dec. 20, 1902. Old South Association 
with Trustees Old 
South Building (ease- 
ment of light and air). Book 2872, p. 107. 

1911-1912. Old South Association 

V. Codman. Mass. 

1911-1912. Old South Association 

V. Boston. Mass. 



48 



This is not intended to be an exhaustive Ust of dates, but 
merely of deeds, decisions, etc., and dates to which they relate 
or with which they are connected. 

For other dates and facts see "History of the Old South 
Church," published for the benefit of the Old South fund, 1898, 
p. 73; "History of the Old South Church," by Hamilton An- 
drews Hill, published by Houghton, Mifflin & Company, 1890, 
two vols., pp. I, Xm, and 602, H, VHI, and 688. 



Area and Street Lines. 

A special report on these by G. G. Wolkins, 1908, is in the 
possession of the Treasurer. 

Plans. 

The Treasurer has the following plans. 



Surveyor or Maker 



Alex. Wadsworth. 

Copied 1876 by 
Fuller & Whit- 
ney. 

Copied (in part) 
1902 by L. L. 
Howe. 



Erickson Electric 
Equipment Co. 



Subject 

OLD SOUTH meeting 
HOUSE. 

1. Plan of 1866, 
showing building 
and grounds. 



2. Part of eleva- 
tion. 

3. Floor plan. 

4. Lighting plans: 

a. First floor. 

b. Gallery and 
ceiling. 



Remarks 



Plan referred to in 
deed of Old South 
Society to Pulsi- 
fer, Oct. 11, 1876 
(see Suffolk Deeds, 
Lib. 1360; end). 
The Treasurer has 
only copies, not the 
original plan. 

Showing grades, etc. 

Showing supports. 



49 



Cleghorn Co. 



Bigelow & Wads- 
worth. 



5. Heating plans: 
a. Basement. 

6. First floor. 

6. New toilet room. 
Y. Sketch of screen 

on Washington 
Street side. 



OLD SOUTH BUILDING. 



1. Cantilever foun- Showing wall of ad- 



dations. 
Clinton J. Warren. 2. Detail showing 

wall between Old 
South and C. B. 
& Q. buildings. 

Sketch — base- 
ment plan, eleven 
floor plans, typi- 
cal undivided floor 
plan. 



Shepley, Rutan & 
Coolidge, super- 
vising architects. 



BOSTON TRANSIT 
COMMISSION. 



H. A. Carson, 
chief engineer. 



WASHINGTON STREET 
TUNNEL. 

1. Plans of en- 
trance and exit at 
Old South Meet- 
ing House. 

2. Study for en- 
trance and exit 
through basement 
of Old South Meet- 
ing House. 

3. Entrance near 
Old South Meet- 
ing House. 



joining building. 



Dated Oct. 3 
Nov. 1, 1905. 



and 



Dated Oct. 10, 1905. 



Dated Feb. 8, 1906. 



50 



H. A. Carson, 
chief engineer. 



H. A. Carson, 
chief engineer. 



WiUiana Jackson, 
city engineer. 

WiUiam Jackson, 
city engineer. 



4. Entrances and 
exits near Old 
South Meeting 
House. 



5. Plans showing 
posts (existing 
and projected) at 
Old South Meet- 
ing House Sta- 
tion. 

6. Taking at Old 
South Meeting 
House: 

a. Plan and sec- 
tion. 

b. Plan and sec- 
tion. 



WIDENING OF WASH- 
INGTON STREET. 

1. Plan of July 9, 

1902. 

2. Planof Sept. 21, 
1903. 



Nine plans, dated Jan. 
19 and Feb. 6, 1907, 
showing street and 
platform levels; 
elevation, north 
side; cross sec- 
tions ; detail of re- 
enforced concrete 
construction and 
steel work. 
Dated March 24 and 
28, 1906. 



Official plan, 1907. 

Official plan with ex- 
planatory addi- 
tions made Dec. 
13, 1910, by As- 
pinwall & Lincoln. 



Widening as done 
in front of Old 
South Building. 

Widening as pro- 
jected in front of 
Old South Meeting 
House. 



51 



OLD SOUTH ASSOCIATION IN BOSTON 

V. 

CITY OF BOSTON 

RuGG, C.J. The petitioner was organized under St. 1877, 
c. 222, "for the purpose of acquiring and holding the Old 
South Meeting- House in Boston and the land under and adja- 
cent to the same upon the corner of Milk Street and Washing- 
ton Street in said city, for public, historical, memorial, educa- 
tional, charitable and religious uses and none other." Before 
1877 the Old South Meeting-House had been given up as a 
place of worship by the religious society which had occupied it 
since its erection in 1729. Pursuant to the power conferred 
by this statute the petitioner acquired title to the real estate 
thus described. 

This petition is brought for the assessment of damages oc- 
casioned by the taking of a part of the land lying north of the 
Meeting House for an entrance to the subway. The case was 
submitted to the jury with instructions under which recovery 
was permitted on the ground that the petitioner ' ' had a right 
... to use the land adjacent to the Meeting House in the 
most profitable manner, whenever it saw fit to do so for the 
purpose of producing income to preserve the Meeting House." 
The petitioner contends that it should have been allowed to 
recover in addition such sum as would ' ' compensate it for 
that feature or special damage contained in its loss by the tak- 
ing which is created by the charter exemption from taxation 
of the space taken." 

The charter of the petitioner contains in § 4 a special exemp- 
tion from taxation in these words: "Said meeting-house and 
land shall be exempt from taxation while said meeting-house 

53 



shall be used for any of the purposes aforesaid and shall be 
exempt from any tax for the year eighteen hundred and 
seventy-seven." This exemption from taxation is materially 
different from that found in the general law at the time it was 
passed or at any time since. Gen. Sts. c. 11, § 5, cl. 3, as 
affected by St. 1874, c. 375, § 8 (now St. 1909, c. 490, Part I, 
§ 5, cl. 3). It is plain that the contention of the defendant 
would be unanswerable, if the rights of the petitioner depended 
upon the general law. Real estate held by the ordinary edu- 
cational, charitable or religious institution is exempt from 
taxation only to the extent that it is appropriated to their 
distinctive uses. Amherst College v. Amherst, 193 Mass. 168. 
Evangelical Baptist Society v. Boston, 204 Mass. 28. If the 
Legislature had intended only this exemption, no special pro- 
vision touching taxation would have been required. But the 
Legislature meant something more than the general exemp- 
tion granted to kindred societies. St. 1877, c. 222, took effect 
on May 11 of that year. Before then the meeting-house itself, 
by special permission of the Legislature, had been leased to the 
United States for a post-office and utterly abandoned as a place 
of religious worship, and hence together with the adjacent un- 
occupied land had become subject to taxation. Old South 
Society v. Boston, 127 Mass. 378. Taxes for the year 1877 had 
accrued before the enactment of the petitioner's act of incor- 
poration. Yet the whole property was exempted expressly 
from taxation for that year. It is apparent from this, as well 
as from the provision of § 1 to the effect that the petitioner 
might lease the meeting-house and land before acquiring title 
thereto, that the exemption from taxation is not grounded 
upon ownership by a charitable organization, but upon other 
considerations. The manifold historic incidents connected with 
the Old South Meeting House and the stirring scenes enacted 
within its walls have made it a shrine precious beyond price to 
every lover of the Commonwealth and to all who cherish the 

54 



traditions of liberty under government upon this continent. 
For reasons of its own the rehgious society which had owned 
the building had sold it. It was on the point of being torn 
down and the land devoted to commercial uses, for which it 
had become exceedingly valuable. Public spirited citizens de- 
siring to preserve it as a fountain of patriotic inspiration for 
future generations raised by subscription a sum of money large 
in itself, but small compared with the market value of the 
property. To this end title was taken in the name of Royal 
M. Pulsifer, and mortgages to the amount of $300,000 were 
given to secure the balance of the purchase price. It is obvi- 
ous that the preservation, care and repair of the meeting- 
house as a historical monument under this burden of indebted- 
ness would present a difficult problem. 

The extraordinary public interest and popular character of 
this plan for the preservation of the Meeting House is demon- 
strated by the provision of §§1 and 2 to the effect that the Gov- 
ernor of the Commonwealth, the Mayor of the City of Boston, 
and the presidents of four learned institutions are named among 
the incorporators, and these, with two elected by the city coun- 
cil of Boston and others chosen by the petitioner, constitute a 
board of managers; and by the appropriation of $10,000 to the 
petitioner from the treasury of the Commonwealth, by c. 26 
of the Resolves of 1878. 

The inference from the grammatical construction of the tax 
exemption section quoted above is that the property to be ac- 
quired by the petitioner is a unit. It is referred to as " said 
Meeting- House and land. " This evidently means the land more 
particularly described in §1 as that "under and adjacent to the 
same [the Meeting House] upon the corner of Milk Street and 
Washington Street." The exemption is of this unit, but the 
condition upon which the exemption springs into being and the 
period for which it endures is " while said meeting-house shall 
be used " for the charitable purposes set forth in this act, and not 

55 



while the entire estate shall be so used. Some light is thrown 
upon the meaning of the tax-exemption clause by its course in 
the two branches of the General Court as manifested by their 
records. Although the plain meaning of a statute cannot be 
affected by resort to the proceedings incident to its passage 
(Boston & Providence Railroad v. Midland Railroad, 1 Gray, 
340, 366; Browne v. Turner, 174 Mass. 150, 159; Boston v. 
Talbot, 206 Mass. 82, 91), it is permissible to examine records 
of legislative proceedings to illumine language of doubtful im- 
port. Gardner v. The Collector, 6 Wall. 499. Blake v. Na- 
tional Banks, 23 Wall. 307, 317, 320. Holy Trinity Church v. 
United States, 143 U.S. 457, 463. Buttfield v. Stranahan, 
192 U.S. 314. The original draft of this clause as reported by a 
committee of the House provided that " said meeting-house and 
land shall be exempted from taxation;" an amendment added 
the words " while used for any of the purposes aforesaid," and 
subsequent amendments inserted after "while" the words 
"said meeting-house shall be" and appended the special tax 
exemption for the year 1877. This development of legislative 
intent shows that a general tax exemption, whether the prop- 
erty was preserved in its original form or not, was not desired, 
nor was an appropriation of the entire property in specie to the 
purposes of the act thought necessary, but the exemption from 
taxation of the property, including land and meeting-house, 
was made dependent upon use of the Meeting House for the 
general purpose of the act. The conclusion seems to follow 
that the tax exemption of the entire property unit persists so 
long as the Meeting-House itself is preserved and used for the 
purposes of the act, but that so long as this dominant design 
is executed, the adjacent land may be put to other uses not in- 
consistent therewith, which by yielding revenue may promote 
the general beneficent end to be accomplished by the act. 

A forceful argument against this interpretation is found in 
the grant of power to the petitioner in § 1, to the effect that 

56 > . 



the property may be acquired and held " for pubhc, historical, 
memorial, educational, charitable and religious uses and none 
other." In other connections this prohibition against any 
other use than those specified might be words of specific lim- 
itation. But it was held in Burr v. Boston^ 208 Mass. 537, 
(where an essential feature was title in the municipality) that 
physical appropriation of property to public uses was not es- 
sential to exemption from taxation, and that still it might be 
so stamped with a public purpose as to be exempt from taxa- 
tion under general principles of tax law, although directly put 
to a private use, so long as the income was applied to the pub- 
lic use. 

The governing feature of this statute is expressed in the title 
to be " to provide for the preservation of the Old South Meet- 
ing House." That the Meeting- House is the central object of 
the act appears not only from all the attendant circumstances, 
but also from each section of the act, and especially from § 3, 
which authorizes its use by the Commonwealth "for the 
annual election sermon." The financial difficulties in the way 
of its preservation were acute. This is apparent from the 
fact that the ten thousand dollars allowed to the petitioner 
by c. 26 of the Resolves of 1878, "for the preservation of 
the Old South Meeting House " when it shall have acquired 
enough money from other sources to give it with that sum 
" complete title to said meeting house and the land connected 
therewith, free from all debt or incumbrance," has not yet 
become available for the reason that the estate is subject still 
to mortgage indebtedness. Although a unit of property is 
described as the subject of acquisition, its exemption from 
taxation is based upon use of the meeting-house alone for the 
memorial and other purposes. These considerations inchne us 
to the view that the language quoted from § 1 means that 
although the property acquired must all be devoted to the 
uses there specified and to none other, yet the meeting-house 

57 



being kept and physically appropriated as a public historical 
memorial, such of the adjacent land as is not reasonably neces- 
sary for the preservation of the edifice may be put corporeally 
to other rational uses not inconsistent with the main purpose 
provided its income is strictly applied to the charitable ends 
set forth in the act. 

The petitioner contends that the land adjacent to the meet- 
ing-house would be exempt from taxation in the hands of a 
purchaser. But this is untenable. The building and land 
under and adjacent is treated as a unit. It must be retained 
as a unit in order to remain the subject of all the benefits and 
immunities conferred by the statute. It is not of much con- 
sequence in this connection that it was in private ownership 
in 1877 and continued to be so until 1890. It was a unit, 
nevertheless, held for the single regnant purpose of a histori- 
cal and educational institution and monument. 

It follows that the petitioner's third request should have 
been given. In accordance with the terms of the report, let 
the entry be 

Judgment for the petitioner for $25^000, with 
interest from February 26, 1907. 



58 



